Mendon Ponds Neighborhood Association v. Dehm

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed, with costs.

In June 2001, appellants attempted to commence a CPLR article 78 proceeding challenging a ruling by the Town of Mention Zoning Board of Appeals. It is undisputed that the appellants went to the Monroe County Clerk’s office, paid a fee of $170 and obtained an index number. Appellants then submitted a petition and notice of petition to the office of the Chief Clerk of Monroe Supreme and County Courts. The matter was assigned to a Justice and a return date given. Thereafter, the papers were served…